Nikah mut'ah

Template:Fiqh-Mar Nikāḥ al-Mutʿah (Arabic: نكاح المتعة "short-term" or pleasure marriage) is a fixed-term or short-term contractual marriage in Shia Islam. It is agreed by all historians that it's origin is in the pre-Islamic era where women were commodities to be bought or hired. One of the earliest sources on mutah by Sheikh Thani states that the status of a woman in mutah is that of a hired wife. The original meaning of mutah was 'hired vagina.' The contract for mutah is paid upfront or half before the start and half if sexual pleasure is derived. It is automatically dissolved upon completion of its term. In order to make is acceptable it is often sold as a marriage and therefore most Shia scholars will claim that Mutah has the same rulings and Mahr ("dowry") as conventional marriage. However, there are marked differences between the two as specified below. But here is one statement made to give mutah respectability in the eyes of the Shia population:

"All the rights are given to the contractual wife except that if she is pregnant then the man has the last say to deny the child to be his. This indicates that the origin of mutah was thought up by men who wanted the last say to accept paternity. The shia say that it is a proper marriage with 'all' the rights saying that she gets the mahr even though she does not inherit anything from the husband."

Overview

Shi'a and Sunnis agree that Mut'ah was legal in early days, like slavery, until it was abrogated. However, the Shias do not accept it to be abrogated even though it is said to be abrogated in Al Kafi.

Temporary marriage was a custom of the pre-Islamic Arabs. Women in pre Islamic Arabia were commodities and so to hire them was not an issue. Often a man would hire a woman just as he would hire a donkey to ride for a few days or hours.

How it got in to Islam is somewhat a contraversy. On examinsation of Sunni and Shia sources which can be biased due to religious reasons you come across several types of narrations. In summary there are four types of narrations in Sunni and three types of narrations in Shia literature thus:

Four Types of Narrations in Sunni literature include:

1. Narrations that say mutah was abrogated totally and has no room in Islam, like slavery which was allowed in the early days only in transition from paganism to Islam. 2. Narrations that say mutah was allowed in odd episodes when battles were encountered with non-Muslims and as a result booty, including women, were inherited. These women then were available for mutah as their situation was uncertain due to their tribes wanting to purchase them back. 3. Narrations that say that mutah was only allowed in desperation when a person is unable to marry. 4. Narrations that say that odd Companions were allowed mutah as they were in the habit of it but they thought of themselves as immune from the rest of the Ummah as they thought they had a special status. Umar later got hold of these Companions and told them that their special status was removed.

Three Type of Narrations in Shia literature include:

1. Narrations that totally forbid mutah and hence none of the Shia leaders ever did it. 2. Narrations that say that only unmarried men were allowed it 3. Narrations that say that it is free for all to do any time any place, provided the women in mutah are not married to another man.

Sunni view

In the hadith collection of Tirmizi, Abdullah Ibn Abbas narrates:

Temporary marriage was not banned at the beginning just as alcohol or slavery was not banned.So if a man comes to town where he has no acquaintances, so he 'marries' for a fixed time depending on his stay in the town, the woman looks after his provisions and prepares his food, until the verse was revealed: "If you are in desperation and cannot afford a wife then marry a slave as you are all equal in the eys of God. But it is better that you have patience." 4:25

Shia view

Shi'a believe that Umar ibn al-Khattab abolished it, not the prophet of Islam.

• He did it during the third year of his reign, 15 ah (637 CE), 6 year after the revelation of verse 4:24, in the Hadith of Umar's speech of forbidding Mut'ah, but since he, according to them, had no authority to do so, Umar's prohibition seems to have been temporary and applicable to one place, hence may be ignored (Muslim 2801 1, 2).

Quranic origin

Shia Muslims believe that this institution was established by God through the Islamic prophet Muhammad in the Qur'an. Its dublious mention in the Qur'an is verse 4:24. Tafsir:

فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَـَاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً

"Then give those of these women you have enjoyed (istimtah) the agreed dower" was revealed on the subject of the mut‘ah marriage."

Shia Muslims have "consensus" (ijma) on interpretation of the following verse in the Quran.

And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.^{[Quran 4:24]}

Shia often quote selective Sunni sources to prove that the word Istimtah in the verse means mutah. Here is one such Sunni narration often quoted by Shia to prove that their version of this verse is correct.

al-Tabari, in his Tafsir, writes under this verse a hadith from Mujahid: "The phrase "Then give those of these women you have enjoyed the agreed dower" means the temporary marriage."

But majority of Sunni commentators disagree in their Tafsirs, arguing the phrase "Then give those of these women you have enjoyed the agreed dower" refers to permanent marriage.

Sheikh Ibn Al-Feasy Al-Hanbali, a Hanbali scholar, was asked for interpretation about verse 24, An-Nisa and the hukm of Mut'ah: "I confess that there's legal hukm regarding Mut'ah. Our beloved prophet did permit Mut'ah, and his companions did practice it. However, the Prophet, under Allah's authority, knew the best what'd happen in the future. He'd known that "Islamic Prostitution" would be an issue for Muslims, a reason for criticizing Islamic teachings. Thus, he forbade the legalization of Mut'ah in his time (Khaybar and Conquest of Makkah). Actually, the verse 24 in Chapter An-Nisa was revealed to "support" the Prophet's saying (hadith) concerning prohibition of Mut'ah. Thus Allah said (meaning) "When you enjoyed..." in past tense instead of "when you enjoy.." in form of present or future tense (continuous tense). Meaning that after prophetic tradition (hadith) about prohibition, those who were still having Mut'ah must divorce their wives and give them dowry as stipulated in contractual aqd (Marriage Recitation). An-Nisa 24, is specifically for the 'event' of prohibiting Mut'ah, not for legalising Mut'ah. We must know that. This verse applies the same (in term of specificity) to verse that stating Zayd (Prophet's foster son). We cannot say that 'the verse has no abrogation (nasikh), so its hukm is eternal'. If the hukm must be abrogated by Quranic verse (only), that means the biological son must be eligible to inherit prosperous wealth of his father even though he is the killer (he killed his father). However, as we know that all Scholars agreed that the son who killed his father cannot inherit anything from his killed father based on prophetic sayings (meaning) "There's no mirath (inheritance) for killer..". Therefore, it's not exactly correct if we say that Quranic verse cannot be detailed (abrogated) by Hadith."

Fikh

1. Shia sources in favour of mutah

Mut'ah is one of the features of Ja'fari jurisprudence. No other school of Islamic jurisprudence allows it. According to Imam Jafar as Sadiq, "One of the matters about which I shall never keep precautionary silence (taqiyya) is the matter of mu’tah."

Allameh Tabatabaei explains in Tafsir al-Mizan, there are mutawatir or nearly mutawatir traditions narrated from the Shia Imams that Mut'ah is permitted. For example, it has been narrated from Muhammad al-Baqir and Ja'far al-Sadiq that they said "regarding the [above] verse, and there is no blame on you about what you mutually agree after what is appointed." It means that he increases her dowry or she increases his (fixed) period.

According to Shia scholar Ali Khamenei

Temporary marriage like permanent marriage, requires a marriage contract. Moreover there is no difference between permanent marriage and temporary marriage except in some aspects of the law, such as there is no divorce in temporary marriage - it terminates with the expiration of the time period. Likewise, neither spouse in a temporary marriage inherits from the other. The temporary marriage contract is as follows: The female says: "I marry myself to you for the specified dowry (mention the amount) and for the specified time period (mention the time period)". Then the man says: "I accept".

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Shia sources against mutah

Imam Hassan (as) is the eldest grandson of the Nabi Muhammad (as) and yet he is the one accused of being sexually lax with all sort of women to the point that one of his jealous wives poisoned him. For a masum imam to be out of control on women is a strange charge from those who call themselves Shia e Ali. First the Quran condemns those who follow their 'low desires' and secondly the following Ahadith from shia books themselves condemn mutah and being lax with sex. These narrations are of-course denied by those who preach mutah as a sawab that will take you to paradise.

Prohibition of Mutah in Shia Text.

1) Here is a hadith narrated by Imam Ali (A.s) which states that the Prophet made Mut'ah haram on the day of Khayber (Book of Tahdeeb: vol. 7, pg. 251, rewaya 10). The author states that Imam Ali (as) lied for the purposes of Taqiya. In Book of Istebsar: vol. 3, pg. 142, rewaya 5, there is a declaration by Ali that Mut'ah is haram.

According to Sheikh Tusi both Hadiths are Saheeh[Authentic] and even branded by Allama Kasahani in Rajal Kashi as Mutawatar[Highly Authentic]pp234.V3.

2) Imam Baqir (as), recorded 'Tahdeeb al Ahkam' and 'Furu al Kafi':Pp476.V2/Pp34.V5

Abdullah Bin Umair asked Abi Ja'far [as]: Is it acceptable to you that your women, daughters, sisters, daughters of your aunties do it (Mut'ah)? Abu Ja'far rebuked him when he mentioned his women and daughters of his aunties.

3)Another hadeeth that is the following from Furu al Kafi, Kitab ul Nikah, the Imam said about Mut'ah:

Al-Mufadal bin Umar reported that Aba Abdullah (as) said about Mutah: 'Abandon it, aren't anyone of you ashamed of exposing his private parts, and then exposing it (by telling) to his pious brothers and companions?' Pp44.V2.Wasael Alshia Pp22.V21.

Classified as Saheeh by Sheikh Mufeed in his Commentry on Al Kafi[Pp67.V7] and Hasan [With Good Chain of Narration] by Al Majlasi[Pp92.V31] in his Bihar ul Anwar.

Al Kuilyani himself decleared it Mutawatar in his Kafi.Pp71.V9.

4)Another hadith narrated from Imam Jafar Ul Sadaq[A.S] Narrated by A'maar: Abu Abdullah[Imam Jafar Sadaq]said to me and to Suliman Bin Khaled: "I made Mut'ah Haram on you".AL Kafi Pp 467.V5.Wiasal Shia Pp22.V21.

Shiekh Saduq classified it as Saheeh[AUTHENTIC] in his Minhaj Saduq Pp304.V7. Sheikh Sadra Hassan[With Good Chain of Narration] in his Commentry on AL Kafi.Pp461.V4.

5)Ja'far Al-Sadiq says in a narration by Abdallah bin Sinan: "I asked Abu Abdullah (as) about Mutah. He said: "Don't defile yourself with it" Bihaar Al-Anwar, Volume 100, page 318 By AL Majlisi.Classfied as Hasan[With Good Chain of Narration] by him and sheikh Safar AL Shafi Saheeh[Authentic] in his AL Shafi,Pp61.V8.

6)Narrator says that he heard ibn Abi Umair who narrated from Ali bin Yaqtin saying: 'I asked Aba al-Hassan (a.s) about the Mutah and He (a.s) replied: 'What do you have to do with this, when Allah has made this unnecessary for you.' I said: 'I just wanted to know about it'. He (a.s) replied: 'It is Prohibated. Al- Kafi, Volume 5 page 442. Al Astibasar Pp459,V12.

Shiekh Amali and Shiekh Abu Hassan decleared it Saheeh in their Commentries on AL Kafi[pp35,V4 and Pp109.V10] and Hasan by AL Majlisi in his Maratul Uqool Pp59.V34.

7)Imam Ja'far Al-Sadiq says about Mutah in a narration by Hisham bin Al-Hakam: "Here only the fawajir [prostitute] do it"Bihar Al Anwar Pp318. V100.

Declared it Authentic by Majlesi and Hassan By Sheikh Tuse in his Min La Yadrhu Fiqa.pp213 V13.

8)The All four books of Shia Hadiths texts says.The Holy Prophet [s] and the Imams of Ahlubayt [as] never practised Mut'a .AL Kafi.AL Istabsar.Tahzeeb Ul Ahkam.Min La Yadrhu Fiqa. [Mutawathar]Highly Authentic by almost every grand Shia Scholar.Pp198,V12/Pp501.v6/Pp 241.V18.Pp34.V1.

Zaydies and Ismailies Shias stands on Mutha.

Ziadites[Followers of Imam Zaid bin Zian Ul Abidin] shares the same veiw as Sunnis have,Ziadites decleared it unlawful and invalid,

Ismailites permits it in extreme circumstances.

AL Imam Azam Imam Ismail ul Mubarak(A.S)

Farman Imam Ali (A.S) as Pig is permissable in extreme satuation only same Mutah is permissable in extreme satuation. Ismailites rejects its validity in Quran or any other authentic texts from Holy Prophet or any Imams of Ahlely Bayt.(A.S). Dia ul Islam.Pp621.V63.Farman Imam Ul Mubarak(A.S).Pp113.V16.

1)Narrated from Imam Jaffar Ul Sadaq(A.S).Mutah is Adultry.Kitab ul Mola.Pp412.V21.

2)Narrated from Imam Jaffar ul Sadiq(A.S) to Imam Ismail Ul Mubarak(A.S) It is fornication[Zina bil raza]Kitab ul Mola.Pp414.V21.

These traditions is classified as Muthawathar[highly authentic]Irshad Ul Imam.Pp112,V11.

Darajat Ul AL Imam Azam Imam Ismail bin Imam Jaffar ul Sadaq(A.S).Pp421.V23.

Zaidites and Ismailites dismissed all claim made by Athana Asheri[Twelvers] about Mutah legality and class all text from Holy Profet and Imams as [Twelvers] fabrications.

Zaidi Shias View about Mutah.

1)It was narrated from Imam Ali Al Murtaza(R.A)that:

The Messenger of Allah forbade Mutah marriage and the meat of domestic donkeys at the time of Khaybar. According to another report, he forbade Mutah marriage at the time of Khaybar and he forbade the meat of tame donkeys. Mujmoo Imam Ali(R.A)Pp 498 V112. 2)Narrated Ali (R.A):

“Allah’s Messenger forbade the temporary marriage in the year of Khaybar.” Mujmoo Imam Ali(R.A)Pp 499 V112. 3) Ali (R.A) said to a man who was engaging in Mutah:

“You are a straying person, the Messenger of Allah has forbidden temporary marriage and the meat of domestic camels on the day of Khaybar.” Mujmoo Imam Ali, From Imam Ali to Imam Hasan & Imam Hussain then Narrated to Imam Zian Ul Abideen to Imam Zaid bin Zian Ul Abideen.(R.A)Pp 503 V112. Classified all above Zaidites narration as Mutawathar [Highly Authentic] By Imam Ziad bin Zian Ul Abideen in his Majmoo tul Biyan Pp212 V18.

Use

The Nikah al-Mut‘ah is used various ways:

• It is used in modern times when people move from one place to another, such as from one country to another. Thus students, workers, scholars may enter into a contractual marriage under the verse of the Qur'an which allows ones emotional needs and human needs to be fulfilled if they are in another country. It may lead to permanent marriage afterwards.
• It may be used to become mahram (unmarriable) with somebody with whom they do not intend to cohabit or have a married relationship, but with whom they spend a lot of time (for example, share a house). In order to ease the hijab "modest dress" rules, they engage in a nikah al-Mut‘ah, specifying in the marriage contract that no physical contact is allowed.
• Two people who live under the same roof but are not mahram (unmarriable) and must observe hijab may engage in a symbolic nikah al-mut‘ah with the others' offspring for a few minutes. The Nikahu’l-Mut‘ah does not need to have any practical consequence, but it will make the parent and the offspring's husband or wife permanently mahram to each other, and thus no longer obliged to observe hijab rules.
• Young unmarried couples may decide to use nikahu l-Mut‘ah as a permissible alternative to entering into a relationship on the premise of future permanent marriage.
• It might also be seen as a cover for legalized prostitution, as the nikahu l-Mut'ah can last for as little as half an hour, and the woman receives financial compensation. In accordance with the Quran she must wait three months (iddah) before the next contract.

Rules

Nikah al-Mut‘ah resembles an ordinary conventional marriage in many, but not all, aspects. It commences in the same way as a Nikah except that a date of expiration for the marriage is added to the marriage contract and the wife's rights are restricted to some extent. The duration is decided by the couple involved. There are no restrictions on minimum and maximum duration. If the period is longer than what can be reasonably expected to be a lifetime, it will transform into a nikah.

During the period of the marriage, the couple are considered husband and wife, just as in a permanent marriage. At the expiration, the marriage is voided without undergoing a talaq (divorce). In case of sexual intercourse, the woman must observe the iddah (waiting period) before she can marry anyone else.

Differences from permanent marriage

Nikah Mut'a is a marriage with a pre-set time. Different Marja (authorities) may give different fatwa (legal rulings) on some issues. Many of the following rules may be changed in the Islamic marriage contract.

• The marriage is agreed to be voided after a pre-set time. This permits the couple to expect and prepare emotionally for the end of the marriage.
• No divorce is necessary. In Shi‘a fiqh, divorce is viewed as a complex process and a period aimed at giving the couple the chance to reconcile. This is not necessary in Nikahu’l-Mut‘ah, since the marriage does not end due to disharmony but due to the preset time being reached.
• The husband may void the Nikahu l-Mut‘ah earlier than agreed. If he does and they have had sexual intercourse, he must give her full mahr "bride gift". If they have not had intercourse, he must give her half that amount, though the recommended precaution is that he should give her full mahr. A distinction between a talaq (divorce) in a nikah and voiding a nikahu l-mut‘ah is made in a conversation reported in a hadith collection.
• The couple do not inherit from each other. Since the marriage is not permanent, the couple is not considered a single, merged unit.
• The husband is financially responsible for any children resulting from the marriage. As it is believed that a woman should not be burdened with the responsibility of providing for a family, she is allowed to work and spend her money as she chooses.
• The wife may leave her house against her husband's will.
• The husband need not pay for the wife's expenses. This complements the above point.
• It is permitted to marry a woman from Ahl al-Kitab "People of the Book" (followers of monotheistic religions). The difference in jurisprudence between different religions is overcome by this rule. It is understood that the Shia Nikah does not have an equivalent form among the People of the Book. Therefore, women who are of the People of the Book are unaccustomed to the special rules of Nikah, for example, the husband's responsibility for the wife's expenses or the wife's not leaving her house against the husband's wishes. These difference in religious laws make it desirable to wait with the higher level of commitment that Nikah requires until they are overcome, in order to minimize potential friction in family life.
• The wives are not counted toward the maximum of four. Since the husband is not required to support the wife, and the marriage is not permanent, the circumstances leading to the restriction of having no more than four wives does not apply. However, many Shi‘a scholars have ruled that one cannot take more than four temporary wives.

Similarities

• The woman might require the consent of her wali ("Legal Guardian") if she is a virgin. However, there is no consensus among the Grand Ayatollahs on this issue. Most Marjas like Ali Sistani require the father's permission, to prevent someone taking advantage of her inexperience; while there are few others who do not require guardian's permission.
• A contract is engaged when entering the marriage. Shi‘a believe that the marriage contract does not require having witnesses, a written contract or permission from authorities.
• The woman observes iddah at the end of the marriage. That is, she must wait before remarrying - but only if she had sexual intercourse.
• Men are not allowed to marry women of non-monotheistic religions, and women can only marry Muslims.

Controversies

Main article: Criticism of Twelver Shi'ism § Nikah mut‘ah

This topic is highly controversial in the Muslim world. Muslims believe that in the first period of Islam, Mut'ah was permissible, but Sunni Muslims believe that it was later abolished. The duration of this type of marriage is fixed at its inception and is then automatically dissolved upon completion of its term. For this reason, nikah mut‘ah has been widely criticised because it can be used as a religious cover for and de facto legalization of certain types of prostitution.

Hadiths

There are hadiths in Sahih Bukhari initially permitting mut'ah, but then strictly forbidding it.

There are several narrations regrding Sabrah ibn Ma'bad reporting on the prohibition of Mut'ah.

Quran

Chapter 4 ayah 24 of the Quran is a controversial verse that has been called "the verse of Mut'ah", due to its reference to Nikah Mut‘ah. Shias cite this verse as demonstrating the permissibility of mutah.

References and sources

References

Sources

• "Mutah" in Encyclopædia Britannica 2007 Ultimate Reference Suite. Chicago: Encyclopædia Britannica, 2006.
• Haeri, Shahla. 1989. Law of Desire: Temporary Marriage in Iran. London: I.B. Taurus & Co. Ltd. ISBN 1-85043-157-4

External Shia links

• "Temporary Marriage in Islamic Law" — Sachiko Murata (Al-Serat vol. XIII, no 1)
• A Shi'ite Encyclopedia:
  • "Temporary Marriage in Islam": Part I | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII
  • Debate on the Legitimacy of Mut'a — taken with some modifications from Temporary Marriage in Islamic Law by Abul Qasim Gourji
  • interactive research about Mut'a from the 9 sunnie saheeh books — 4 parts vedio by Ali Mohamad
  • interactive research about Mut'a from the 9 sunnie saheeh books — 4 parts video in the Arabic language, by Ali Mohamad
• "Mut'ah, a comprehensive guide" — Answering Ansar
• http://www.mutah.com/
• http://arabnews.com/saudiarabia/article42513.ece
• http://www.asharq-e.com/news.asp?section=7&id=7967

Fatāwa from different marja:

• Sistani
• Khamenei

See also

• Marriage of convenience
• Islamic marital jurisprudence
• Nikah 'urfi
• Nikah Misyar
• Pilegesh
• Walking marriage